Published on:

Blackwell Law Firm - Alabama Work Comp AttorneysFringe benefits. They are often ignored in workers’ comp claims. Yet, they should not be.

Employee benefits may be an important part of your compensation. Consider health insurance. It’s not the only fringe benefit offered by some employers but it is probably the most important (and costly) one. Health insurance premiums are high. Very high. Some people stay at jobs just for the health insurance. Many people would be uninsured if not for employer-based plans.

How can fringe benefits impact a work-related injury or workers’ compensation claim? Fringe benefits can impact an Alabama work-related injury in two significant ways.

Published on:

Workplace Accident & InjuryRecently, someone asked us the following question:

If you get attacked while working, does workers comp pay?

That’s a good question. It is within our law firm’s area of personal injury. And, we have actually handled past work comp cases involving this issue. What’s the answer? The answer is a qualified yes. C’mon, you know tough legal issues rarely have absolute answers. The answer is, yes, an attack CAN be a work comp case. But, the details are very important.

Published on:

Several weeks ago, I wrote an extended post on Five Bad Rules That Can Harm Your Alabama Car Accident Claim. We frequently deal with these rules in auto accident injury cases we prepare. These rules can ruin your claim or severely decrease its value.

If you suffered a serious injury, it is important to seek legal counsel experienced in handling these issues in court. A simple fact or argument can often determine whether or not one of these rules applies. Unfortunately, most of the settlement mill lawyers advertising on billboards fail their clients in these cases.

If you want more details, take a look at our longer article. If you have questions about a case or claim, we are happy to answer them. I’ve attached a slideshow which is shorter than our previous article and hits the key issues in each of these Alabama rules. I thought the slideshow could serve as a quick reference or download on these issues. Here it is:

Published on:

Huntsville Accident & Injury Lawyers at Blackwell Law FirmA recent news article tells the story of a severely injured worker in Florida. It’s an all too familiar story. It’s a common story we frequently see in cases across Alabama.

What happened? A sudden workplace explosion! An employee badly injured and badly burned. Days and nights in the hospital followed.

Life after the hospital is often difficult for injured workers seeking treatment. The worker and his or her family are often left trying to navigate a maze of doctors, case nurses and insurance adjusters. For many injured workers the process is beyond frustrating.

Published on:

Huntsville Accident & Injury LawyersYou suffer injuries in a car accident. Paramedics arrive at the scene and carry you to the local hospital. When you arrive at the hospital, you provide your health insurance or Medicare information. You assume the bill is covered. Wrong. A few weeks later you receive a “hospital lien” in the mail. What?

Why is the hospital filing a lien against you and your car wreck claim? Why did the hospital refuse to bill your health insurance or Medicare? After all, you paid premiums (probably for years) for your health coverage. You paid premiums so you would have coverage when needed. I’ll tell you why the hospital refused to bill your insurance and filed a lien. Greed.

When you seek hospital treatment, the charges are inflated. Sometimes, they are greatly inflated. The hospital charges you inflated amounts knowing it will accept less (a reasonable amount) from health insurance. Look closely at your hospital lien paperwork! The hospital did NOT file a lien for the reasonable amount it always accepts from insurers or Medicare. No. The hospital filed a lien for the full, inflated charges. When you have an accident claim, Alabama law allows hospitals to file liens against your eventual settlement or recovery. Under existing Alabama law, the hospital has a right to collect those inflated amounts from any settlement of your car accident claim. So, hospitals often choose to file a lien rather than submit the bills to your health insurer.

Published on:

Blackwell Law Firm - Helping Injured People Across AlabamaI watched as the other driver sped through a red light in downtown Huntsville. He ran the light without causing a crash. Others are not so fortunate. Running a red light is one of the most reckless and risky acts of driving. Are more drivers running red lights? Research indicates they are. From 2012 – 2016 (the latest data), deaths in red light running crashes increased annually. Overall, red light deaths increased 17% during this time. In 2016, over 800 people died in the United States from crashes caused by drivers running a red light.

If more drivers are running red lights, the question is why. Why are more drivers running red lights? What can be done to reduce this danger? Traffic researchers believe several factors contribute to the growing problem. These factors include:

I.      DISTRACTED DRIVERS

Published on:

Blackwell Law Firm -- Alabama Personal Injury LawyersWe have been investigating claims related to defective 3M earplugs used by members of our armed forces. Why are these defective earplugs an important issue? To answer that question, we need to examine first the impact of hearing loss and tinnitus on our veterans. I thought hearing loss and tinnitus among veterans may be a good topic for this post.

Veterans Suffer Significant Hearing Loss And Tinnitus Problems

Are hearing problems a major issue for veterans? Here is what the U.S. Department of Veterans Affairs says about the issue:

Published on:

Huntsville Work Comp Attorneys - Blackwell Law FirmA new study by the Workers Compensation Research Institute (WCRI) asks whether employees injured at work are more likely to file under workers’ compensation instead of group health insurance when their group health plan has a higher deductible. That’s interesting but it misses the real issue. The real question is why an injured worker would ever consider seeking medical care outside the workers’ compensation system at all. Really? Workers’ compensation systems were enacted in Alabama (and other states) to provide basic benefits like medical treatment. If those systems worked as intended, this would be a non-issue. Yet, workers consider using private health insurance because the work comp system has largely failed its primary purpose.

I speak with injured workers on a daily basis. Almost all of them have one goal. They want to get better and resume their normal life with work and family.

The WCRI research article wrongly frames the issue as a decision based simply upon medical deductibles. Let’s really examine why an injured worker would consider private health insurance (instead of work comp) in the first place. Injured workers should face NO barriers obtaining necessary medical care under workers compensation. But, they do. Those barriers are substantial and unjust. Here are three big ones:

Published on:

Huntsville Truck Accident LawyersCommercial truck driver health is a safety issue on our highways. In past articles, I’ve discussed the serious health problems truck drivers suffer. Truckers suffer much higher rates of problems like diabetes, sleep apnea and morbid obesity. These health conditions can slow driver reactions and concentration — putting everyone at risk for needless injury or death. The long hours of sedentary work away from home in many truck driving jobs contributes to these health issues and makes medical care difficult.

Medical certification requirements for commercial truckers are an important part of highway safety. But, the system only works if medical certifications are legitimate, honest and fair. Unfortunately, they are not. Too many unsafe commercial drivers are allowed on our highways.

The Federal regulations have allowed truly unqualified medical examiners to issue certifications. A chiropractor may be qualified to perform therapeutic treatments for a pulled lower back muscle but is he or she really qualified to certify a trucker with dangerous sleep apnea? The Federal regulations have also allowed unhealthy truckers on our roads. Let’s look again at sleep apnea. It can be a big safety issue. Yet, unsafe drivers are routinely certified without requiring medical treatment or monitoring for the condition. The rules fail to adequately address specific health issues like sleep apnea, diabetes, morbid obesity or drug dependence. I’ve written several articles about these issues in the past. For more information on sleep apnea and truck safety, you can read my article titled Sleep Apnea:  Government Chooses Trucking Industry Over Safety.

Published on:

Alabama Car Accident LawyersHurt in a car wreck? Have a claim for your injuries? For most people, the rules and procedures are unfamiliar territory. Hopefully, a car crash injury is something you will never experience.

Each state has its own laws and rules related to car accidents. While most rules serve an important purpose, a few are unfair and unjust. Some of these unjust rules can unfairly harm your potential claim. Many of these unfair rules should have been changed long ago. Here are five bad rules that can unjustly harm your Alabama car crash claim:

I.      Alabama Guest Passenger Statute